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Working Overseas During Qualifying Year


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#1 go-fish

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Posted 21 December 2012 - 05:24 PM

Hi,

I am on ILR and my wife has been naturalised as British Citizen. I am within the qualifying year of my eligiblity for British Citizenship. Due to some reasons, I recently took an overseas job with the US office of my UK employer on a work visa, due to which I am now on US payroll. However, my wife is still residing in the UK, maintaining a rental flat in the UK and most of my financial assets are in the UK. I am intending to leave my job in the US and return to the UK on ILR within 90 days. On returning, I would be completing 3 years in the UK in Sep 2013 and plan to apply for naturalisation as spouse of British citizen.

I have less than 270 days in 3 years, but a bit concerned about this overseas job in the qualifying period. I would like to know if this overseas job could result in rejection of my citizenship application even though the absenses in the qualifying year will be less than 90 days?

Thanks



#2 SteveG

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Posted 21 December 2012 - 10:21 PM

Hi,

In the circumstances you've described, you won't have a problem with the residence requirement.

Best of luck with the application :)

#3 go-fish

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Posted 22 December 2012 - 03:09 PM

I am concerned about the future intentions issue which could come up while considering the absenses?

#4 Victoria

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Posted 22 December 2012 - 03:19 PM

It's not relevant.

#5 go-fish

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Posted 22 December 2012 - 06:09 PM

@ Victoria

It's not relevant because there won't be excess absences during the qualifying year or it's not relevant because future intentions case is not applied to spouse naturalisation? I am asking this just in case I am not able to time my return within 100 days and I happen to fall within 101-179 days absences within the qualifying year.

Also, I am currently taxed on my US income by the US government and thus not paying taxes to HMRC. That means there will be a gap in tax payments to HMRC after my return. Will this affect my application?

Thanks

#6 SteveG

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Posted 22 December 2012 - 06:37 PM

OK, if you go over the usual limits then future intentions may be an issue but you said you were leaving your job in the US so that shouldn't be a problem as long as you have an established family and home in the UK.

The lack of UK tax won't be a problem - the reference to tax affairs is more to do with avoiding taxes when they should be paid which you haven't done.

#7 Victoria

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Posted 22 December 2012 - 07:27 PM

Future intention isn't relevant when the spouse of a UK national.

#8 go-fish

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Posted 22 December 2012 - 09:15 PM

@Victoria

Thanks for your prompt response. I do not doubt your knowledge in your experise but I have been trying to find a reference document which clearly covers that future intention isn't relevant when one is spouse of a UK national. I found the following document on UKBA website:-

http://www.ukba.home...exf?view=Binary

The above does not state the irrelevancy. Please could you share if there is a reference which does that.

If I can have peace of mind that it is irrelevant, I do not have to rush in leaving the current job and it will buy me some time to look around.

#9 Victoria

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Posted 22 December 2012 - 09:19 PM

If you'd like my professional help please email me.

#10 SteveG

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Posted 22 December 2012 - 10:12 PM

If you're between 90 and 179 days, this is what the UKBA will consider:

Total number of absences normally disregarded only if all other
requirements are met and:
a) you have demonstrated links with the UK through presence of family,
and established home and a substantial part of your estate.


See "Guide and Booklet AN"

You don't need to show that your future intentions are to remain in the UK, as such, but you need to show that your family and home are here, as quoted above from the guidance.

Hope this helps.




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